Outcomes - Selected Case Summaries
Categories
Disciplinary Action Concerning the Judiciary
Informal Resolution | 01 August 2023
Judicial Administration
An applicant requested statistical information on disciplinary actions taken by the Chief Justice concerning lawyers and judges, as well as an affidavit required in a court appeal. The initial decision was that the disciplinary actions fell under the exclusion relating to judicial functions which excludes such matters from the FOIA, and the affidavit was disclosed. The internal review by the Court Administrator and Chief Officer confirmed that some statistics were held from 2013 onwards, but that further work was needed before they could be completed and disclosed. The applicant appealed to the Ombudsman.
In the course of our investigation, the Judicial Administration disclosed the available statistics. The applicant expressed dissatisfaction with parts of the disclosed record and demanded that the record be authenticated. We mediated between the parties, as a result of which the Judicial Administration revised and reissued the record using their letterhead. The applicant maintained that some areas where clarification was requested were not addressed but agreed that the matter could be closed.